The Supremes…

The Supreme Court is getting one of its periodic moments in the sun and I’d be foolish not to take advantage of that built in level of audience engagement to talk about nominations to the high court.

So, here’s the thing about Supreme Court nominations…

Presidents can have a short list of nominees that scratch every itch and check off the right boxes proving their conservative or liberal credentials. The talking heads can know with perfect certainty what the nominee will do once they’re confirmed by the Senate.

The catch is, once a Justice takes the bench, with a lifetime appoint to the last job they’re ever going to have, well, what we think we know means absolutely nothing.

Sandra Day O’Conner was nominated by Ronald Reagan and was supposed to be a vaguely right of center anchor for the Court who became a regular swing vote. Eisenhower nominated Earl Warren as Chief Justice and the Warren Court became one of the most liberal incarnations of the Supreme Court in American history. Harry Blackmun was a Nixon nominee who went on to write the majority opinion in Roe v. Wade.

The story of Supreme Court nominees turned Justices is filled with disappointed presidents who didn’t get what they expected.

I’m not in any way pretending that a nominee’s history of jurisprudence is irrelevant, but I am saying that past is not always prologue. Justices sit on the bench for decades. Expecting their judicial philosophy to remain static over twenty or thirty years is patently ridiculous. How many of your own beliefs have grown, been refined, changed, or moderated over the last twenty years? 

The story of the Supreme Court is filled with men and women on both ideological sides who “grew into” their position at the pinnacle of the Judicial Branch. I can’t imagine why future nominees would be any less “surprising” once they’ve been seated.

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